Rep. Monica Bristow

Filed: 5/15/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1139

2    AMENDMENT NO. ______. Amend Senate Bill 1139 on page 1, by
3replacing lines 4 and 5 with the following:
 
4    "Section 5. The Firearm Concealed Carry Act is amended by
5changing Sections 4 and 8 as follows:
 
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    Sec. 4. Application for Firearm Owner's Identification
8Cards.
9    (a) Each applicant for a Firearm Owner's Identification
10Card must:
11        (1) Make application on blank forms prepared and
12    furnished at convenient locations throughout the State by
13    the Department of State Police, or by electronic means, if
14    and when made available by the Department of State Police;
15    and
16        (2) Submit evidence to the Department of State Police

 

 

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1    that:
2            (i) He or she is 21 years of age or over, or if he
3        or she is under 21 years of age that he or she has
4        never been convicted of a misdemeanor other than a
5        traffic offense or adjudged delinquent and is an active
6        duty member of the United States Armed Forces or has
7        the written consent of his or her parent or legal
8        guardian to possess and acquire firearms and firearm
9        ammunition and that he or she has never been convicted
10        of a misdemeanor other than a traffic offense or
11        adjudged delinquent, provided, however, that such
12        parent or legal guardian is not an individual
13        prohibited from having a Firearm Owner's
14        Identification Card and files an affidavit with the
15        Department as prescribed by the Department stating
16        that he or she is not an individual prohibited from
17        having a Card or the active duty member of the United
18        States Armed Forces under 21 years of age annually
19        submits proof to the Department of State Police, in a
20        manner prescribed by the Department;
21            (ii) He or she has not been convicted of a felony
22        under the laws of this or any other jurisdiction;
23            (iii) He or she is not addicted to narcotics;
24            (iv) He or she has not been a patient in a mental
25        health facility within the past 5 years or, if he or
26        she has been a patient in a mental health facility more

 

 

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1        than 5 years ago submit the certification required
2        under subsection (u) of Section 8 of this Act;
3            (v) He or she is not a person with an intellectual
4        disability;
5            (vi) He or she is not an alien who is unlawfully
6        present in the United States under the laws of the
7        United States;
8            (vii) He or she is not subject to an existing order
9        of protection prohibiting him or her from possessing a
10        firearm;
11            (viii) He or she has not been convicted within the
12        past 5 years of battery, assault, aggravated assault,
13        violation of an order of protection, or a substantially
14        similar offense in another jurisdiction, in which a
15        firearm was used or possessed;
16            (ix) He or she has not been convicted of domestic
17        battery, aggravated domestic battery, or a
18        substantially similar offense in another jurisdiction
19        committed before, on or after January 1, 2012 (the
20        effective date of Public Act 97-158). If the applicant
21        knowingly and intelligently waives the right to have an
22        offense described in this clause (ix) tried by a jury,
23        and by guilty plea or otherwise, results in a
24        conviction for an offense in which a domestic
25        relationship is not a required element of the offense
26        but in which a determination of the applicability of 18

 

 

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1        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
2        Code of Criminal Procedure of 1963, an entry by the
3        court of a judgment of conviction for that offense
4        shall be grounds for denying the issuance of a Firearm
5        Owner's Identification Card under this Section;
6            (x) (Blank);
7            (xi) He or she is not an alien who has been
8        admitted to the United States under a non-immigrant
9        visa (as that term is defined in Section 101(a)(26) of
10        the Immigration and Nationality Act (8 U.S.C.
11        1101(a)(26))), or that he or she is an alien who has
12        been lawfully admitted to the United States under a
13        non-immigrant visa if that alien is:
14                (1) admitted to the United States for lawful
15            hunting or sporting purposes;
16                (2) an official representative of a foreign
17            government who is:
18                    (A) accredited to the United States
19                Government or the Government's mission to an
20                international organization having its
21                headquarters in the United States; or
22                    (B) en route to or from another country to
23                which that alien is accredited;
24                (3) an official of a foreign government or
25            distinguished foreign visitor who has been so
26            designated by the Department of State;

 

 

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1                (4) a foreign law enforcement officer of a
2            friendly foreign government entering the United
3            States on official business; or
4                (5) one who has received a waiver from the
5            Attorney General of the United States pursuant to
6            18 U.S.C. 922(y)(3);
7            (xii) He or she is not a minor subject to a
8        petition filed under Section 5-520 of the Juvenile
9        Court Act of 1987 alleging that the minor is a
10        delinquent minor for the commission of an offense that
11        if committed by an adult would be a felony;
12            (xiii) He or she is not an adult who had been
13        adjudicated a delinquent minor under the Juvenile
14        Court Act of 1987 for the commission of an offense that
15        if committed by an adult would be a felony;
16            (xiv) He or she is a resident of the State of
17        Illinois;
18            (xv) He or she has not been adjudicated as a person
19        with a mental disability;
20            (xvi) He or she has not been involuntarily admitted
21        into a mental health facility; and
22            (xvii) He or she is not a person with a
23        developmental disability; and
24        (3) Upon request by the Department of State Police,
25    sign a release on a form prescribed by the Department of
26    State Police waiving any right to confidentiality and

 

 

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1    requesting the disclosure to the Department of State Police
2    of limited mental health institution admission information
3    from another state, the District of Columbia, any other
4    territory of the United States, or a foreign nation
5    concerning the applicant for the sole purpose of
6    determining whether the applicant is or was a patient in a
7    mental health institution and disqualified because of that
8    status from receiving a Firearm Owner's Identification
9    Card. No mental health care or treatment records may be
10    requested. The information received shall be destroyed
11    within one year of receipt.
12    (a-5) Each applicant for a Firearm Owner's Identification
13Card who is over the age of 18 shall furnish to the Department
14of State Police either his or her Illinois driver's license
15number or Illinois Identification Card number, except as
16provided in subsection (a-10).
17    (a-10) Each applicant for a Firearm Owner's Identification
18Card, who is employed as a law enforcement officer, an armed
19security officer in Illinois, or by the United States Military
20permanently assigned in Illinois and who is not an Illinois
21resident, shall furnish to the Department of State Police his
22or her driver's license number or state identification card
23number from his or her state of residence. The Department of
24State Police may adopt rules to enforce the provisions of this
25subsection (a-10).
26    (a-15) If an applicant applying for a Firearm Owner's

 

 

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1Identification Card moves from the residence address named in
2the application, he or she shall immediately notify in a form
3and manner prescribed by the Department of State Police of that
4change of address.
5    (a-20) Each applicant for a Firearm Owner's Identification
6Card shall furnish to the Department of State Police his or her
7photograph. An applicant who is 21 years of age or older
8seeking a religious exemption to the photograph requirement
9must furnish with the application an approved copy of United
10States Department of the Treasury Internal Revenue Service Form
114029. In lieu of a photograph, an applicant regardless of age
12seeking a religious exemption to the photograph requirement
13shall submit fingerprints on a form and manner prescribed by
14the Department with his or her application.
15    (b) Each application form shall include the following
16statement printed in bold type: "Warning: Entering false
17information on an application for a Firearm Owner's
18Identification Card is punishable as a Class 2 felony in
19accordance with subsection (d-5) of Section 14 of the Firearm
20Owners Identification Card Act.".
21    (c) Upon such written consent, pursuant to Section 4,
22paragraph (a)(2)(i), the parent or legal guardian giving the
23consent shall be liable for any damages resulting from the
24applicant's use of firearms or firearm ammunition.
25(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 

 

 

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1    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
2    Sec. 8. Grounds for denial and revocation. The Department
3of State Police has authority to deny an application for or to
4revoke and seize a Firearm Owner's Identification Card
5previously issued under this Act only if the Department finds
6that the applicant or the person to whom such card was issued
7is or was at the time of issuance:
8        (a) A person under 21 years of age who has been
9    convicted of a misdemeanor other than a traffic offense or
10    adjudged delinquent;
11        (b) A person under 21 years of age who is not an active
12    duty member of the of the United States Armed Forces and
13    does not have the written consent of his parent or guardian
14    to acquire and possess firearms and firearm ammunition, or
15    whose parent or guardian has revoked such written consent,
16    or where such parent or guardian does not qualify to have a
17    Firearm Owner's Identification Card;
18        (c) A person convicted of a felony under the laws of
19    this or any other jurisdiction;
20        (d) A person addicted to narcotics;
21        (e) A person who has been a patient of a mental health
22    facility within the past 5 years or a person who has been a
23    patient in a mental health facility more than 5 years ago
24    who has not received the certification required under
25    subsection (u) of this Section. An active law enforcement
26    officer employed by a unit of government who is denied,

 

 

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1    revoked, or has his or her Firearm Owner's Identification
2    Card seized under this subsection (e) may obtain relief as
3    described in subsection (c-5) of Section 10 of this Act if
4    the officer did not act in a manner threatening to the
5    officer, another person, or the public as determined by the
6    treating clinical psychologist or physician, and the
7    officer seeks mental health treatment;
8        (f) A person whose mental condition is of such a nature
9    that it poses a clear and present danger to the applicant,
10    any other person or persons or the community;
11        (g) A person who has an intellectual disability;
12        (h) A person who intentionally makes a false statement
13    in the Firearm Owner's Identification Card application;
14        (i) An alien who is unlawfully present in the United
15    States under the laws of the United States;
16        (i-5) An alien who has been admitted to the United
17    States under a non-immigrant visa (as that term is defined
18    in Section 101(a)(26) of the Immigration and Nationality
19    Act (8 U.S.C. 1101(a)(26))), except that this subsection
20    (i-5) does not apply to any alien who has been lawfully
21    admitted to the United States under a non-immigrant visa if
22    that alien is:
23            (1) admitted to the United States for lawful
24        hunting or sporting purposes;
25            (2) an official representative of a foreign
26        government who is:

 

 

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1                (A) accredited to the United States Government
2            or the Government's mission to an international
3            organization having its headquarters in the United
4            States; or
5                (B) en route to or from another country to
6            which that alien is accredited;
7            (3) an official of a foreign government or
8        distinguished foreign visitor who has been so
9        designated by the Department of State;
10            (4) a foreign law enforcement officer of a friendly
11        foreign government entering the United States on
12        official business; or
13            (5) one who has received a waiver from the Attorney
14        General of the United States pursuant to 18 U.S.C.
15        922(y)(3);
16        (j) (Blank);
17        (k) A person who has been convicted within the past 5
18    years of battery, assault, aggravated assault, violation
19    of an order of protection, or a substantially similar
20    offense in another jurisdiction, in which a firearm was
21    used or possessed;
22        (l) A person who has been convicted of domestic
23    battery, aggravated domestic battery, or a substantially
24    similar offense in another jurisdiction committed before,
25    on or after January 1, 2012 (the effective date of Public
26    Act 97-158). If the applicant or person who has been

 

 

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1    previously issued a Firearm Owner's Identification Card
2    under this Act knowingly and intelligently waives the right
3    to have an offense described in this paragraph (l) tried by
4    a jury, and by guilty plea or otherwise, results in a
5    conviction for an offense in which a domestic relationship
6    is not a required element of the offense but in which a
7    determination of the applicability of 18 U.S.C. 922(g)(9)
8    is made under Section 112A-11.1 of the Code of Criminal
9    Procedure of 1963, an entry by the court of a judgment of
10    conviction for that offense shall be grounds for denying an
11    application for and for revoking and seizing a Firearm
12    Owner's Identification Card previously issued to the
13    person under this Act;
14        (m) (Blank);
15        (n) A person who is prohibited from acquiring or
16    possessing firearms or firearm ammunition by any Illinois
17    State statute or by federal law;
18        (o) A minor subject to a petition filed under Section
19    5-520 of the Juvenile Court Act of 1987 alleging that the
20    minor is a delinquent minor for the commission of an
21    offense that if committed by an adult would be a felony;
22        (p) An adult who had been adjudicated a delinquent
23    minor under the Juvenile Court Act of 1987 for the
24    commission of an offense that if committed by an adult
25    would be a felony;
26        (q) A person who is not a resident of the State of

 

 

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1    Illinois, except as provided in subsection (a-10) of
2    Section 4;
3        (r) A person who has been adjudicated as a person with
4    a mental disability;
5        (s) A person who has been found to have a developmental
6    disability;
7        (t) A person involuntarily admitted into a mental
8    health facility; or
9        (u) A person who has had his or her Firearm Owner's
10    Identification Card revoked or denied under subsection (e)
11    of this Section or item (iv) of paragraph (2) of subsection
12    (a) of Section 4 of this Act because he or she was a
13    patient in a mental health facility as provided in
14    subsection (e) of this Section, shall not be permitted to
15    obtain a Firearm Owner's Identification Card, after the
16    5-year period has lapsed, unless he or she has received a
17    mental health evaluation by a physician, clinical
18    psychologist, or qualified examiner as those terms are
19    defined in the Mental Health and Developmental
20    Disabilities Code, and has received a certification that he
21    or she is not a clear and present danger to himself,
22    herself, or others. The physician, clinical psychologist,
23    or qualified examiner making the certification and his or
24    her employer shall not be held criminally, civilly, or
25    professionally liable for making or not making the
26    certification required under this subsection, except for

 

 

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1    willful or wanton misconduct. This subsection does not
2    apply to a person whose firearm possession rights have been
3    restored through administrative or judicial action under
4    Section 10 or 11 of this Act.
5    Upon revocation of a person's Firearm Owner's
6Identification Card, the Department of State Police shall
7provide notice to the person and the person shall comply with
8Section 9.5 of this Act.
9(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
10eff. 7-16-14; 99-143, eff. 7-27-15.)
 
11    Section 10. The Firearm Concealed Carry Act is amended by
12changing Sections 25 and 50 as follows:
 
13    (430 ILCS 66/25)
14    Sec. 25. Qualifications for a license.
15    The Department shall issue a license to an applicant
16completing an application in accordance with Section 30 of this
17Act if the person:
18        (1) is at least 21 years of age or is an active duty
19    member of the United States Armed Forces;
20        (2) has a currently valid Firearm Owner's
21    Identification Card and at the time of application meets
22    the requirements for the issuance of a Firearm Owner's
23    Identification Card and is not prohibited under the Firearm
24    Owners Identification Card Act or federal law from

 

 

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1    possessing or receiving a firearm;
2        (3) has not been convicted or found guilty in this
3    State or in any other state of:
4            (A) a misdemeanor involving the use or threat of
5        physical force or violence to any person within the 5
6        years preceding the date of the license application; or
7            (B) 2 or more violations related to driving while
8        under the influence of alcohol, other drug or drugs,
9        intoxicating compound or compounds, or any combination
10        thereof, within the 5 years preceding the date of the
11        license application;
12        (4) is not the subject of a pending arrest warrant,
13    prosecution, or proceeding for an offense or action that
14    could lead to disqualification to own or possess a firearm;
15        (5) has not been in residential or court-ordered
16    treatment for alcoholism, alcohol detoxification, or drug
17    treatment within the 5 years immediately preceding the date
18    of the license application; and
19        (6) has completed firearms training and any education
20    component required under Section 75 of this Act.
21(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
22    (430 ILCS 66/50)
23    Sec. 50. License renewal.
24    (a) This subsection (a) applies to applications for renewal
25of a license until the expiration of 180 days after the

 

 

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1effective date of this amendatory Act of the 101st General
2Assembly. Applications for renewal of a license shall be made
3to the Department. A license shall be renewed for a period of 5
4years upon receipt of a completed renewal application,
5completion of 3 hours of training required under Section 75 of
6this Act, payment of the applicable renewal fee, and completion
7of an investigation under Section 35 of this Act. The renewal
8application shall contain the information required in Section
930 of this Act, except that the applicant need not resubmit a
10full set of fingerprints.
11    (b) This subsection (b) applies to applications for renewal
12of a license after 180 days after the effective date of this
13amendatory Act of the 101st General Assembly. Applications for
14renewal of a license shall be made to the Department. A license
15shall be renewed for a period of 5 years from the date of
16expiration on the applicant's current license upon the receipt
17of a completed renewal application, completion of 3 hours of
18training required under Section 75 of this Act, payment of the
19applicable renewal fee, and completion of an investigation
20under Section 35 of this Act. The renewal application shall
21contain the information required in Section 30 of this Act,
22except that the applicant need not resubmit a full set of
23fingerprints.
24(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
25    Section 15. The Firearm Dealer License Certification Act is

 

 

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1amended by changing Sections 5-5 and 5-25 as follows:
 
2    (430 ILCS 68/5-5)
3    Sec. 5-5. Definitions. In this Act:
4    "Certified licensee" means a licensee that has previously
5certified its license with the Department under this Act.
6    "Department" means the Department of State Police.
7    "Director" means the Director of State Police.
8    "Entity" means any person, firm, corporation, group of
9individuals, or other legal entity.
10    "Inventory" means firearms in the possession of an
11individual or entity for the purpose of sale or transfer.
12    "License" means a Federal Firearms License authorizing a
13person or entity to engage in the business of dealing firearms.
14    "Licensee" means a person, firm, corporation, or other
15entity who has been given, and is currently in possession of, a
16valid Federal Firearms License.
17    "Retail location" means a store open to the public from
18which a certified licensee engages in the business of selling,
19transferring, or facilitating a sale or transfer of a firearm.
20For purposes of this Act, the World Shooting and Recreational
21Complex, a gun show, or similar event at which a certified
22licensee engages in business from time to time is not a retail
23location.
24(Source: P.A. 100-1178, eff. 1-18-19.)
 

 

 

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1    (430 ILCS 68/5-25)
2    Sec. 5-25. Exemptions.
3    The provisions of this Act related to the certification of
4a license do not apply to a person or entity that engages in
5the following activities:
6        (1) temporary transfers of firearms solely for use at
7    the location or on the premises where the transfer takes
8    place, such as transfers at a shooting range for use at
9    that location;
10        (2) temporary transfers of firearms solely for use
11    while in the presence of the transferor or transfers for
12    the purposes of firearm safety training by a firearms
13    safety training instructor;
14        (3) transfers of firearms among immediate family or
15    household members, as "immediate family or household
16    member" is defined in Section 3-2.7-10 of the Unified Code
17    of Corrections, provided that both the transferor and
18    transferee have a currently valid Firearm Owner's
19    Identification Card; however, this paragraph (3) does not
20    limit the familial gift exemption under paragraph (2) of
21    subsection (a-15) of Section 3 of the Firearm Owners
22    Identification Card Act;
23        (4) transfers by persons or entities acting under
24    operation of law or a court order;
25        (5) transfers by persons or entities liquidating all or
26    part of a collection. For purposes of this paragraph (5),

 

 

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1    "collection" means 2 or more firearms which are of special
2    interest to collectors by reason of some quality other than
3    is associated with firearms intended for sporting use or as
4    offensive or defensive weapons;
5        (6) transfers of firearms that have been rendered
6    permanently inoperable to a nonprofit historical society,
7    museum, or institutional collection;
8        (7) transfers by a law enforcement or corrections
9    agency or a law enforcement or corrections officer acting
10    within the course and scope of his or her official duties;
11        (8) transfers to a State or local law enforcement
12    agency by a person who has his or her Firearm Owner's
13    Identification Card revoked;
14        (9) transfers of curios and relics, as defined under
15    federal law, between collectors licensed under subsection
16    (b) of Section 923 of the federal Gun Control Act of 1968;
17        (10) transfers by a person or entity licensed as an
18    auctioneer under the Auction License Act; or
19        (10.5) transfers of firearms to a resident registered
20    competitor or attendee or non-resident registered
21    competitor or attendee by a licensed federal firearms
22    dealer under Section 923 of the federal Gun Control Act of
23    1968 at a competitive shooting event held at the World
24    Shooting and Recreational Complex that is sanctioned by a
25    national governing body; or
26        (11) transfers between a pawnshop and a customer which

 

 

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1    amount to a bailment. For purposes of this paragraph (11),
2    "bailment" means the act of placing property in the custody
3    and control of another, by agreement in which the holder is
4    responsible for the safekeeping and return of the property.
5(Source: P.A. 100-1178, eff. 1-18-19.)
 
6    Section 20. The Wildlife Code is amended by adding Section
73.4b as follows:
 
8    (520 ILCS 5/3.4b new)
9    Sec. 3.4b. Concealed firearm exemption. A current or
10retired law enforcement officer authorized by law to possess a
11concealed firearm shall be exempt from the provisions of this
12Code prohibiting possession of those firearms. However,
13nothing in this Section authorizes the use of those firearms
14except as authorized by law.
 
15    Section 25. The Criminal Code of 2012 is amended by
16changing Sections 14-3 and 24-2 as follows:"; and
 
17on page 18, by inserting immediately below line 3 the
18following:
 
19    "(720 ILCS 5/24-2)
20    Sec. 24-2. Exemptions.
21    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

 

 

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124-1(a)(13) and Section 24-1.6 do not apply to or affect any of
2the following:
3        (1) Peace officers, and any person summoned by a peace
4    officer to assist in making arrests or preserving the
5    peace, while actually engaged in assisting such officer.
6        (2) Wardens, superintendents and keepers of prisons,
7    penitentiaries, jails and other institutions for the
8    detention of persons accused or convicted of an offense,
9    while in the performance of their official duty, or while
10    commuting between their homes and places of employment.
11        (3) Members of the Armed Services or Reserve Forces of
12    the United States or the Illinois National Guard or the
13    Reserve Officers Training Corps, while in the performance
14    of their official duty.
15        (4) Special agents employed by a railroad or a public
16    utility to perform police functions, and guards of armored
17    car companies, while actually engaged in the performance of
18    the duties of their employment or commuting between their
19    homes and places of employment; and watchmen while actually
20    engaged in the performance of the duties of their
21    employment.
22        (5) Persons licensed as private security contractors,
23    private detectives, or private alarm contractors, or
24    employed by a private security contractor, private
25    detective, or private alarm contractor agency licensed by
26    the Department of Financial and Professional Regulation,

 

 

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1    if their duties include the carrying of a weapon under the
2    provisions of the Private Detective, Private Alarm,
3    Private Security, Fingerprint Vendor, and Locksmith Act of
4    2004, while actually engaged in the performance of the
5    duties of their employment or commuting between their homes
6    and places of employment. A person shall be considered
7    eligible for this exemption if he or she has completed the
8    required 20 hours of training for a private security
9    contractor, private detective, or private alarm
10    contractor, or employee of a licensed private security
11    contractor, private detective, or private alarm contractor
12    agency and 20 hours of required firearm training, and has
13    been issued a firearm control card by the Department of
14    Financial and Professional Regulation. Conditions for the
15    renewal of firearm control cards issued under the
16    provisions of this Section shall be the same as for those
17    cards issued under the provisions of the Private Detective,
18    Private Alarm, Private Security, Fingerprint Vendor, and
19    Locksmith Act of 2004. The firearm control card shall be
20    carried by the private security contractor, private
21    detective, or private alarm contractor, or employee of the
22    licensed private security contractor, private detective,
23    or private alarm contractor agency at all times when he or
24    she is in possession of a concealable weapon permitted by
25    his or her firearm control card.
26        (6) Any person regularly employed in a commercial or

 

 

10100SB1139ham001- 22 -LRB101 04922 RLC 60613 a

1    industrial operation as a security guard for the protection
2    of persons employed and private property related to such
3    commercial or industrial operation, while actually engaged
4    in the performance of his or her duty or traveling between
5    sites or properties belonging to the employer, and who, as
6    a security guard, is a member of a security force
7    registered with the Department of Financial and
8    Professional Regulation; provided that such security guard
9    has successfully completed a course of study, approved by
10    and supervised by the Department of Financial and
11    Professional Regulation, consisting of not less than 40
12    hours of training that includes the theory of law
13    enforcement, liability for acts, and the handling of
14    weapons. A person shall be considered eligible for this
15    exemption if he or she has completed the required 20 hours
16    of training for a security officer and 20 hours of required
17    firearm training, and has been issued a firearm control
18    card by the Department of Financial and Professional
19    Regulation. Conditions for the renewal of firearm control
20    cards issued under the provisions of this Section shall be
21    the same as for those cards issued under the provisions of
22    the Private Detective, Private Alarm, Private Security,
23    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
24    control card shall be carried by the security guard at all
25    times when he or she is in possession of a concealable
26    weapon permitted by his or her firearm control card.

 

 

10100SB1139ham001- 23 -LRB101 04922 RLC 60613 a

1        (7) Agents and investigators of the Illinois
2    Legislative Investigating Commission authorized by the
3    Commission to carry the weapons specified in subsections
4    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
5    any investigation for the Commission.
6        (8) Persons employed by a financial institution as a
7    security guard for the protection of other employees and
8    property related to such financial institution, while
9    actually engaged in the performance of their duties,
10    commuting between their homes and places of employment, or
11    traveling between sites or properties owned or operated by
12    such financial institution, and who, as a security guard,
13    is a member of a security force registered with the
14    Department; provided that any person so employed has
15    successfully completed a course of study, approved by and
16    supervised by the Department of Financial and Professional
17    Regulation, consisting of not less than 40 hours of
18    training which includes theory of law enforcement,
19    liability for acts, and the handling of weapons. A person
20    shall be considered to be eligible for this exemption if he
21    or she has completed the required 20 hours of training for
22    a security officer and 20 hours of required firearm
23    training, and has been issued a firearm control card by the
24    Department of Financial and Professional Regulation.
25    Conditions for renewal of firearm control cards issued
26    under the provisions of this Section shall be the same as

 

 

10100SB1139ham001- 24 -LRB101 04922 RLC 60613 a

1    for those issued under the provisions of the Private
2    Detective, Private Alarm, Private Security, Fingerprint
3    Vendor, and Locksmith Act of 2004. The firearm control card
4    shall be carried by the security guard at all times when he
5    or she is in possession of a concealable weapon permitted
6    by his or her firearm control card. For purposes of this
7    subsection, "financial institution" means a bank, savings
8    and loan association, credit union or company providing
9    armored car services.
10        (9) Any person employed by an armored car company to
11    drive an armored car, while actually engaged in the
12    performance of his duties.
13        (10) Persons who have been classified as peace officers
14    pursuant to the Peace Officer Fire Investigation Act.
15        (11) Investigators of the Office of the State's
16    Attorneys Appellate Prosecutor authorized by the board of
17    governors of the Office of the State's Attorneys Appellate
18    Prosecutor to carry weapons pursuant to Section 7.06 of the
19    State's Attorneys Appellate Prosecutor's Act.
20        (12) Special investigators appointed by a State's
21    Attorney under Section 3-9005 of the Counties Code.
22        (12.5) Probation officers while in the performance of
23    their duties, or while commuting between their homes,
24    places of employment or specific locations that are part of
25    their assigned duties, with the consent of the chief judge
26    of the circuit for which they are employed, if they have

 

 

10100SB1139ham001- 25 -LRB101 04922 RLC 60613 a

1    received weapons training according to requirements of the
2    Peace Officer and Probation Officer Firearm Training Act.
3        (13) Court Security Officers while in the performance
4    of their official duties, or while commuting between their
5    homes and places of employment, with the consent of the
6    Sheriff.
7        (13.5) A person employed as an armed security guard at
8    a nuclear energy, storage, weapons or development site or
9    facility regulated by the Nuclear Regulatory Commission
10    who has completed the background screening and training
11    mandated by the rules and regulations of the Nuclear
12    Regulatory Commission.
13        (14) Manufacture, transportation, or sale of weapons
14    to persons authorized under subdivisions (1) through
15    (13.5) of this subsection to possess those weapons.
16    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
17to or affect any person carrying a concealed pistol, revolver,
18or handgun and the person has been issued a currently valid
19license under the Firearm Concealed Carry Act at the time of
20the commission of the offense. A qualified current or retired
21law enforcement officer qualified under the laws of this State
22and under the federal Law Enforcement Officers Safety Act is
23not subject to the Firearm Concealed Carry Act.
24    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2524-1.6 do not apply to or affect any of the following:
26        (1) Members of any club or organization organized for

 

 

10100SB1139ham001- 26 -LRB101 04922 RLC 60613 a

1    the purpose of practicing shooting at targets upon
2    established target ranges, whether public or private, and
3    patrons of such ranges, while such members or patrons are
4    using their firearms on those target ranges.
5        (2) Duly authorized military or civil organizations
6    while parading, with the special permission of the
7    Governor.
8        (3) Hunters, trappers or fishermen with a license or
9    permit while engaged in hunting, trapping or fishing.
10        (4) Transportation of weapons that are broken down in a
11    non-functioning state or are not immediately accessible.
12        (5) Carrying or possessing any pistol, revolver, stun
13    gun or taser or other firearm on the land or in the legal
14    dwelling of another person as an invitee with that person's
15    permission.
16    (c) Subsection 24-1(a)(7) does not apply to or affect any
17of the following:
18        (1) Peace officers while in performance of their
19    official duties.
20        (2) Wardens, superintendents and keepers of prisons,
21    penitentiaries, jails and other institutions for the
22    detention of persons accused or convicted of an offense.
23        (3) Members of the Armed Services or Reserve Forces of
24    the United States or the Illinois National Guard, while in
25    the performance of their official duty.
26        (4) Manufacture, transportation, or sale of machine

 

 

10100SB1139ham001- 27 -LRB101 04922 RLC 60613 a

1    guns to persons authorized under subdivisions (1) through
2    (3) of this subsection to possess machine guns, if the
3    machine guns are broken down in a non-functioning state or
4    are not immediately accessible.
5        (5) Persons licensed under federal law to manufacture
6    any weapon from which 8 or more shots or bullets can be
7    discharged by a single function of the firing device, or
8    ammunition for such weapons, and actually engaged in the
9    business of manufacturing such weapons or ammunition, but
10    only with respect to activities which are within the lawful
11    scope of such business, such as the manufacture,
12    transportation, or testing of such weapons or ammunition.
13    This exemption does not authorize the general private
14    possession of any weapon from which 8 or more shots or
15    bullets can be discharged by a single function of the
16    firing device, but only such possession and activities as
17    are within the lawful scope of a licensed manufacturing
18    business described in this paragraph.
19        During transportation, such weapons shall be broken
20    down in a non-functioning state or not immediately
21    accessible.
22        (6) The manufacture, transport, testing, delivery,
23    transfer or sale, and all lawful commercial or experimental
24    activities necessary thereto, of rifles, shotguns, and
25    weapons made from rifles or shotguns, or ammunition for
26    such rifles, shotguns or weapons, where engaged in by a

 

 

10100SB1139ham001- 28 -LRB101 04922 RLC 60613 a

1    person operating as a contractor or subcontractor pursuant
2    to a contract or subcontract for the development and supply
3    of such rifles, shotguns, weapons or ammunition to the
4    United States government or any branch of the Armed Forces
5    of the United States, when such activities are necessary
6    and incident to fulfilling the terms of such contract.
7        The exemption granted under this subdivision (c)(6)
8    shall also apply to any authorized agent of any such
9    contractor or subcontractor who is operating within the
10    scope of his employment, where such activities involving
11    such weapon, weapons or ammunition are necessary and
12    incident to fulfilling the terms of such contract.
13        (7) A person possessing a rifle with a barrel or
14    barrels less than 16 inches in length if: (A) the person
15    has been issued a Curios and Relics license from the U.S.
16    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
17    the person is an active member of a bona fide, nationally
18    recognized military re-enacting group and the modification
19    is required and necessary to accurately portray the weapon
20    for historical re-enactment purposes; the re-enactor is in
21    possession of a valid and current re-enacting group
22    membership credential; and the overall length of the weapon
23    as modified is not less than 26 inches.
24    (d) Subsection 24-1(a)(1) does not apply to the purchase,
25possession or carrying of a black-jack or slung-shot by a peace
26officer.

 

 

10100SB1139ham001- 29 -LRB101 04922 RLC 60613 a

1    (e) Subsection 24-1(a)(8) does not apply to any owner,
2manager or authorized employee of any place specified in that
3subsection nor to any law enforcement officer.
4    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
5Section 24-1.6 do not apply to members of any club or
6organization organized for the purpose of practicing shooting
7at targets upon established target ranges, whether public or
8private, while using their firearms on those target ranges.
9    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
10to:
11        (1) Members of the Armed Services or Reserve Forces of
12    the United States or the Illinois National Guard, while in
13    the performance of their official duty.
14        (2) Bonafide collectors of antique or surplus military
15    ordnance.
16        (3) Laboratories having a department of forensic
17    ballistics, or specializing in the development of
18    ammunition or explosive ordnance.
19        (4) Commerce, preparation, assembly or possession of
20    explosive bullets by manufacturers of ammunition licensed
21    by the federal government, in connection with the supply of
22    those organizations and persons exempted by subdivision
23    (g)(1) of this Section, or like organizations and persons
24    outside this State, or the transportation of explosive
25    bullets to any organization or person exempted in this
26    Section by a common carrier or by a vehicle owned or leased

 

 

10100SB1139ham001- 30 -LRB101 04922 RLC 60613 a

1    by an exempted manufacturer.
2    (g-5) Subsection 24-1(a)(6) does not apply to or affect
3persons licensed under federal law to manufacture any device or
4attachment of any kind designed, used, or intended for use in
5silencing the report of any firearm, firearms, or ammunition
6for those firearms equipped with those devices, and actually
7engaged in the business of manufacturing those devices,
8firearms, or ammunition, but only with respect to activities
9that are within the lawful scope of that business, such as the
10manufacture, transportation, or testing of those devices,
11firearms, or ammunition. This exemption does not authorize the
12general private possession of any device or attachment of any
13kind designed, used, or intended for use in silencing the
14report of any firearm, but only such possession and activities
15as are within the lawful scope of a licensed manufacturing
16business described in this subsection (g-5). During
17transportation, these devices shall be detached from any weapon
18or not immediately accessible.
19    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2024-1.6 do not apply to or affect any parole agent or parole
21supervisor who meets the qualifications and conditions
22prescribed in Section 3-14-1.5 of the Unified Code of
23Corrections.
24    (g-7) Subsection 24-1(a)(6) does not apply to a peace
25officer while serving as a member of a tactical response team
26or special operations team. A peace officer may not personally

 

 

10100SB1139ham001- 31 -LRB101 04922 RLC 60613 a

1own or apply for ownership of a device or attachment of any
2kind designed, used, or intended for use in silencing the
3report of any firearm. These devices shall be owned and
4maintained by lawfully recognized units of government whose
5duties include the investigation of criminal acts.
6    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
724-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
8athlete's possession, transport on official Olympic and
9Paralympic transit systems established for athletes, or use of
10competition firearms sanctioned by the International Olympic
11Committee, the International Paralympic Committee, the
12International Shooting Sport Federation, or USA Shooting in
13connection with such athlete's training for and participation
14in shooting competitions at the 2016 Olympic and Paralympic
15Games and sanctioned test events leading up to the 2016 Olympic
16and Paralympic Games.
17    (h) An information or indictment based upon a violation of
18any subsection of this Article need not negative any exemptions
19contained in this Article. The defendant shall have the burden
20of proving such an exemption.
21    (i) Nothing in this Article shall prohibit, apply to, or
22affect the transportation, carrying, or possession, of any
23pistol or revolver, stun gun, taser, or other firearm consigned
24to a common carrier operating under license of the State of
25Illinois or the federal government, where such transportation,
26carrying, or possession is incident to the lawful

 

 

10100SB1139ham001- 32 -LRB101 04922 RLC 60613 a

1transportation in which such common carrier is engaged; and
2nothing in this Article shall prohibit, apply to, or affect the
3transportation, carrying, or possession of any pistol,
4revolver, stun gun, taser, or other firearm, not the subject of
5and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
6this Article, which is unloaded and enclosed in a case, firearm
7carrying box, shipping box, or other container, by the
8possessor of a valid Firearm Owners Identification Card.
9(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)".